A Changing Climate: The Rising Tide of ESG Liability and Implications for D&O Coverage

A Changing Climate: The Rising Tide of ESG Liability and Implications for D&O Coverage

By: Celestine Montague and Christopher M. Quinlan The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating results and management compensation.  Environmental concerns may involve carbon footprints, greenhouse gas emissions, deforestation, biodiversity, climate change and pollution…

Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not an “Occurrence”

Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not an “Occurrence”

By: Eric B. Hermanson and Austin D. Moody In an important ruling for insurers, U.S. District Court Judge Patti Saris found that Massachusetts does not follow the position taken in Cypress Point Condo Association v. Adria Towers, LLC, 226 N.J. 403, 418 (2016), i.e., it does not hold that “faulty workmanship claims [should be recognized] as ……

District of New Jersey Court Clarifies Primary Insurer’s Duty of Good Faith to Excess Insurer

District of New Jersey Court Clarifies Primary Insurer’s Duty of Good Faith to Excess Insurer

By: Anthony L. Miscioscia and Margo E. Meta A primary insurer has a duty of good faith to an excess insurer to attempt to negotiate a settlement with a third-party claimant within the primary insurer’s limits. However, determining whether that duty of good faith was met presents some difficulty. While an excess carrier may be…